Transnational Understandings of Secularisms and Their Impact on the Right to Religious Freedom—Exploring Religious Symbols Cases at the UN and ECHR

Barras, Amélie

doi:10.1080/14754835.2012.674460

Cited by 10 publications

(6 citation statements)

References 15 publications

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“…The research on decisions and approaches performed by the ECtHR and the UN in adjudicating the cases involving religious symbols (Barras 2012) suggested a consideration of the following aspects: the role of the state and human rights experts in decision making, the character of discrimination against minority religions or favoring dominant religion and culture, and the scope of limits. Cases like Sahin v. Turkey and Lautsi v. Italy as well as the French law banning conspicuous religious symbols in public schools reveal various perspectives on secularism, illustrating that religious freedom may serve to protect state secularism in a Muslim-majority country (Sahin v. Turkey), ban religious minority symbols in a secular society (French law), or oppose the secular claims of the individual (the plaintiff in Lautsi v. Italy) to predominantly Christian culture.…”

Section: Protecting Private Religious Practice and Non-recognized Rel...mentioning

confidence: 99%

Misconceptions of Religious Freedom: Toward an Empirical Study of Religious Freedom Awareness

Blasi¹,

Breskaya

Giordan

2023

Religions

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This article offers an overview of the most common misconceptions about religious freedom, with reference to the 2017 UN Report by Mr. Shaheed and the perspectives of other human rights scholars and experts. It proceeds with the operationalization of a selected list of misconceptions about this subject for empirical research of religious freedom awareness. We discuss the primary results from a survey on social perceptions of religious freedom collected from a convenience sample of university students in Northern Italy (N = 1035), offering, first, a new scale of religious freedom awareness (RFA), and second, a consideration of its association with various dimensions of religious freedom and other human rights. The findings show that awareness of religious freedom serves as a robust predictor of endorsement of a broader set of human rights by participants, including those potentially antithetical to religious freedom claims, such as gay and women’s rights. We discuss these findings against a holistic approach to human rights and empirical evidence that other variables (political engagement, passive secularism views, and spiritual identity) contribute to the endorsement of rights culture in Italian society.

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Section: Protecting Private Religious Practice and Non-recognized Rel...mentioning

confidence: 99%

Misconceptions of Religious Freedom: Toward an Empirical Study of Religious Freedom Awareness

Blasi¹,

Breskaya

Giordan

2023

Religions

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“…100). In all, the ECHR has placed great weight on paragraph 2 of the Article 9, granting states a wide margin of appreciation to determine the legitimate and proportionate limitations to religious freedoms, and upheld restrictions to religious freedoms in schools (McGoldrick 2006;Barras 2012). EU law has evolved over the years to include an extensive body of human rights law.…”

Section: National Legislatures and European Anti-discrimination Lawmentioning

confidence: 99%

Domestic legislatures and international human rights law: Legislating on religious symbols in Europe

Squatrito

2015

Journal of Human Rights

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This article examines the dynamics of domestic legislatures' application of international human rights law. Specifically, this article asks: what factors shape how domestic legislatures apply international human rights law while they enact national law and policy? Lawmakers have a variety of motives for invoking and deliberating international law. Given these motives, the article identifies two factors -civil society actors and legal experts' and the flexibility of international law -that are likely to contribute to if and how national legislatures interpret and apply international human rights law while legislating. These factors are examined through case studies on religion in schools in the UK, Germany and France. This article argues civil society actors and legal experts and the flexibility of international law inform lawmakers' estimation of political costs related to compliance and thus how they apply international human rights law to domestic legislation.2

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“…The constitutional space of democratic societies is a normative framework in which different religious communities and religions can co-exist in shaping their values. States are obliged to reasonably accommodate the wishes and particularities of given religious communities (Henrard 2012;Fokas and Richardson 2018;Ferri 2018;Timmer 2015;Barras 2012).…”

Section: Introductionmentioning

confidence: 99%

Managing Religious Diversity in the Private Sphere in Post-Secular Societies: Lessons from Business and Human Rights

Letnar Černič

2023

Religions

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This article discusses managing religious diversity in post-secular societies by drawing lessons from business and human rights. Managing religious diversity has been traditionally played out in the realms of the state. A state’s primary obligation is to respect and protect religious diversity in its society. This article looks beyond the state by arguing that managing diversity is a two-way street. It submits that business and human rights standards are benchmarks by which state and corporations’ effective management of religious diversity should be measured and supervised. This article argues that business and human rights standards, such as the United Nations Guiding Principles on Business and Human Rights, establish the obligations of business and other private actors, such as religious communities, to respect and protect human rights in private relations. Businesses carry negative and positive obligations to employ a human-rights-based approach to managing religious diversity in their business operations. Religious communities, for their part, have to manage religious diversity to the extent their autonomy and self-governance allow for it. Equipped with this knowledge, this article concludes that business and human standards, including the United Nations Guiding Principles, represent the standards that business and religious communities should comply with in managing religious diversity in private relationships.

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Transnational Understandings of Secularisms and Their Impact on the Right to Religious Freedom—Exploring Religious Symbols Cases at the UN and ECHR

Cited by 10 publications

References 15 publications

Misconceptions of Religious Freedom: Toward an Empirical Study of Religious Freedom Awareness

Misconceptions of Religious Freedom: Toward an Empirical Study of Religious Freedom Awareness

Domestic legislatures and international human rights law: Legislating on religious symbols in Europe

Managing Religious Diversity in the Private Sphere in Post-Secular Societies: Lessons from Business and Human Rights

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